In a previous assessment, it was concluded that the British Virgin Islands (BVI) regulatory system governing securities markets functioned well overall, but required improvement in certain areas. Those areas are implemented with regulatory code, Securities and Investment Business Act (SIBA), related regulations, and the public funds code. The standards and eligibility of those who wish to manage or administer a mutual fund are determined by the Financial Services Commission (FSC) under the authority granted by statute. A mutual fund can be organized as a corporation, unit trust, or partnership.
This paper focuses on financial regulatory policies and stability. The British Virgin Islands (BVI) provides administrative, audit, and legal services to international business companies, which is another key component of the economy. Developments in the financial sector and regulatory framework warrant an update of the assessment conducted under the IMF’s Offshore Financial Center (OFC) program. Financial Services Commission Act (FSCA) provides the Financial Services Commission (FSC) with a wide array of specific regulatory, supervisory, and enforcement powers. The banking system has been insulated from global financial shocks. Many critical elements develop a robust and proportionate crisis management framework.
This study reviews the structure of the Trust and Corporate Service Providers (TCSP) sector in the British Virgin Islands (BVI), focusing on their role in the offshore financial sector, and seeks to assess the legislative framework in place as well as effectiveness of implementation and enforcement of this framework. Structure of the TCSP industry and the key features of legislative framework are also discussed. The global financial crisis has also resulted in a significant decline in asset values. The Financial Services Commission Act (FSCA) provides a strong framework for the supervision of other financial services in the jurisdiction.
The Banks and trust Companies Act, Financial Services Commission Act, and the Regulatory Act are considered for banking supervision. The assessment is also based on a self-assessment prepared by the Financial Services Commission (FSC). British Virgin Islands (BVI) law provides three classes of banking licenses. The preconditions for effective banking supervision are present in the BVI. The FSC has sufficient autonomy, powers, and resources with clear responsibilities and objectives. The FSC does not impose specific limits on investments but reviews bank-imposed limits. The FSC has a well-developed system of ongoing supervision in place.
The British Virgin Islands (BVI) has most of the essential elements for a suitable framework for financial supervision. There is a weakness with respect to onsite supervision of banking, insurance, and securities sectors; and there is currently no regular and comprehensive examination and compliance program in operation. Although the legal and supervisory frameworks are adequately structured, the implementation of the full range of supervisory measures has not yet been fully achieved. However, the government is implementing a comprehensive examination methodology and plan.
This report provides an assessment of the British Virgin Islands’s (BVI) compliance with the Basel Core Principle for effective banking supervision. The BVI has the preconditions for effective banking supervision. It has specific legislation governing international cooperation and mutual legal assistance. The BVI has designed its antimoney laundering (AML)/combating the financing of terrorism supervisory legislation to apply broadly to banks and trust companies, insurance business, and parallel areas. The financial services commission is responsible for both prudential supervision and ensuring compliance with AML measures.
The coordinated Portfolio Investment Survey Guide is provided to assist balance of payments compilers in the conduct of an internationally coordinated survey of security holdings being conducted under the auspices of the IMF with reference to year-end 1997. The Guide has two main purposes: to set out the objectives of the Coordinated Survey; and to provide practical advice on how to prepare, organize, and conduct a national survey. The appendices include three model survey forms, a glossary of security terms, a listing of the major security databases that national compilers may find useful in their work, and a method for reconciling security position and transactions data.
With financial markets becoming more integrated and financial services becoming more international, cross-border cooperation among national regulators has become key to financial sector supervision. As part of its efforts to strengthen this cooperation, the IMF’s Monetary and Financial Systems Department hosted a conference on July 7–8 to examine the current state of “Cross-Border Cooperation and Information Exchange.” Participants were drawn from onshore and offshore supervisory bodies; agencies combating money laundering and terrorist financing; standard setters in banking (Basel Committee on Banking Supervision), insurance (IAIS), securities (IOSCO), and anti-money laundering and combating the financing of terrorism (FATF); the Egmont Group of financial intelligence units; and the Financial Stability Forum (FSF).
Mrs. Anne C Jansen, Mr. Donald J Mathieson, Mr. Barry J. Eichengreen, Ms. Laura E. Kodres, Mr. Bankim Chadha, and Mr. Sunil Sharma
Hedge funds are collective investment vehicles, often organized as private partnerships and resident offshore for tax and regulatory purposes. Their legal status places few restrictions on their portfolios and transactions, leaving their managers free to use short sales, derivative securities, and leverage to raise returns and cushion risk. This paper considers the role of hedge funds in financial market dynamics, with particular reference to the Asian crisis.
The Coordinated Portfolio Investment Survey (CPIS) was undertaken in response to recommendations contained in the Report on the Measurement of International Capital Flows (the Godeaux Report), which was published by the International Monetary Fund (IMF or the Fund) in 1992.